Other conditions decisions — 2009

The Veteran's appeal is being remanded for further development, including a VA neurological examination to determine the severity of his service-connected neuropathic pain syndrome and whether it meets the criteria for an initial compensable rating. The RO must also ensure compliance with all VCAA notice requirements.

The Board found that the Veteran's chronic left foot disorder, including reflex sympathetic dystrophy and complex regional pain syndrome, is not related to service or a service-connected disability. The claim for TDIU was also denied as the Veteran did not meet the percentage requirements for such benefits.

The Board denied service connection for a heart disorder as secondary to service-connected diabetes mellitus and denied the Veteran's claims for higher ratings for peripheral neuropathy of both lower extremities and PTSD.

The Veteran's left wrist and hand disability is determined to be a result of the VA treatment he received in June 2003, specifically the incorrect placement of an IV line. The Board finds that this resulted from carelessness or error in judgment on the part of VA.

The Board found no evidence to support a relationship between the Veteran's pneumonia residuals and his military service.

The Veteran's dysthymic disorder has been granted an initial rating of 50 percent, effective October 27, 2009. The appeal for an earlier effective date for service connection is also granted.

The Board has determined that the Veteran's current respiratory disability is not related to his service and instead is due to cigarette smoking. As a result, the claim for service connection for a respiratory disability was denied.

The Veteran's request for educational assistance benefits under Chapter 30 at the College of Law at RMTU in Iba, Zambales, Philippines is denied as that institution was not approved by the State Approving Agency or VA.

The Veteran's service-connected temporomandibular joint disability was granted a 10 percent evaluation effective from February 5, 1999. The condition had previously been rated as noncompensable prior to that date.

The Board denied service connection for colon cancer, including as due to Agent Orange exposure, finding that the Veteran's condition was not related to his military service and did not meet the criteria for presumptive service connection.

The Board has granted service connection for discoid lupus erythematosus and denied an initial compensable rating for chronic sinusitis.

The Board found that the Veteran's abdominal aneurysms did not have onset during service, were not caused or aggravated by service-connected status post myocardial infarction with angina, and denied both his claim for service connection and his request for a higher evaluation.

The Veteran's service-connected fractured nasal bone does not meet the criteria for a compensable rating under Diagnostic Code 6502. The Board finds that his disability is not manifested by nasal septum deviation with 50 percent obstruction of the nasal passage on both sides or complete obstruction on one side.

The Board has remanded the Veteran's claims for service connection due to concerns about incomplete medical records and a need for further examination.

The Veteran's appeal is being remanded to the RO/AMC for additional development of his claims, including submission of any additional evidence he may have and obtaining pertinent medical records.

The Veteran's service-connected dermatophytosis of the feet with intermittent cellulitis is currently rated as 10 percent disabling. The Board finds that an evaluation in excess of 10 percent for this condition is not warranted. Service connection for chronic hydradenitis suppurativa is denied due to lack of a medical opinion linking the current disorder to service.

The Veteran's appeal is remanded due to the need for additional medical evidence and a VA examination.

The Veteran's death qualifies for a burial allowance as he had a pending claim for nonservice-connected pension with special monthly pension based on the need for aid and attendance at the time of his death, which was established by the evidence of record.

The Board denied the appellant's claim for apportionment of the veteran's VA benefits due to a lack of evidence establishing her as the dependent spouse and showing financial need.

The Board denied the Veteran's claim for service connection for a dental condition for compensation purposes due to the absence of 'dental trauma' during active service and because the conditions are not compensable under VA regulations.